By Jon King / jking@whmi.com


A motion has been granted to prevent three members of the Livingston County Prosecutor's Office from testifying at the re-trial of a man accused of murdering his brother and sister-in-law in their Oceola Township home in 2008.

In 2013, Jerome Kowalski was convicted and sentenced to life in prison for the double homicide, but had that conviction vacated last year following the revelation that former Judge Theresa Brennan, who presided over the case, was having an inappropriate relationship with then-State Police Detective Sean Furlong, who was the lead prosecution witness. Brennan was later removed from the bench by the Michigan Supreme Court and then sentenced to six months in jail following her guilty plea to a charge of perjury. Brennan was also ordered to serve 18 months of probation and complete 200 hours of community service.

A motion filed April 17th by the Livingston County Prosecutor’s Office sought to exclude three of its members from being called to testify; Chief Assistant Prosecutor Pam Maas and Assistant Prosecutors Shawn Ryan and Kim Morrison. In arguments Thursday in front of Shiawassee Circuit Court Judge Matthew Stewart, who is presiding over the case, Assistant Prosecutor Scott Ehfeldt argued that the plan by the defense to have the three testify would in no way offer relevant testimony to the point at hand, namely whether Kowalski was guilty of the murders. Defense attorney Heather Nalley argued that their testimony was necessary to establish that the improper relationship between Brennan and Furlong was the key behind Mr. Kowalski's conviction. However, Judge Stewart ruled that the defense "hasn't connected the dots for the court" due to a lack of evidence that Furlong's actions and that of Maas were part of a plan to obtain a conviction through illicit means.

Judge Stewart ruled in February on a defense request to examine the personnel records of Furlong, who has since retired, finding that they contained no material that would be of assistance to the defense. Those files remain sealed. However, he has yet to rule on a previous motion on whether an expert witness on false confessions will be allowed to testify for the defense. A date for the re-trial has yet to be set.